Before You Build in Apex, NC: Permit & Rule Checklist (2026)

Apex fence heights are set by Section 8.2.7 of the Town of Apex Unified Development Ordinance (UDO), administered by the Apex Planning Department. Section 8.2.7.B.1 caps freestanding fences and walls at 7 feet, including piers, posts, and finials. Section 8.2.7.B.2 limits fences and walls in front yards to 48 inches (4 feet), with piers/posts and finials allowed to extend up to 6 inches higher. Non-residential fences may exceed 7 feet with Planning Director approval for security or screening, and vinyl-coated chain link for single-family recreational uses such as tennis or basketball courts may be approved up to 10 feet.

Apex regulates fence location, height, and finish under UDO Sec. 8.2.7 but does not impose a cost-sharing requirement on neighbors. Section 8.2.7.A.2 requires the finished side of a fence to face an adjacent property or public right-of-way, except in the Downtown Festival District where the side facing an alley may be unfinished. Per the Town's published FAQ, 'your fence can be placed up to, but not on or over your property line,' and Apex does not survey property lines or arbitrate private boundary disputes. Boundary, cost-sharing, and partition issues are private civil matters governed by North Carolina common law.

Apex regulates fence design, height, materials, and location under Section 8.2.7 of the Unified Development Ordinance, reviewed by the Planning Department. Building permits are administered by the Apex Building Inspections Division at (919) 249-3418, 322 N Mason St, which enforces the North Carolina State Building Code. Wake County handles separate building and electrical permits for pools, hot tubs, and spas holding more than 24 inches of water. Fences must comply with Sec. 8.2.7 height, material, finish, and right-of-way standards.

Pool barriers in Apex are governed by Appendix V (2018 edition) / Appendix NC-A (2024 edition) of the North Carolina Residential Code, applied through Wake County Inspections and the Apex Building Inspections Division. The barrier must be at least 48 inches above grade on the side facing away from the pool, openings must not allow passage of a 4-inch sphere, the maximum vertical clearance between grade and the bottom of the barrier is 2 inches (4 inches with concrete or fixed solid material), and pedestrian access gates must open outward, be self-closing, and have a self-latching device. Under NC Session Law 2023-108 (HB 488), Apex cannot impose stricter local amendments to the NC Residential Code barrier provisions.

Apex UDO Sec. 8.2.7.A.1 permits fences and walls constructed of 'wood, stone, brick, decorative concrete block, wrought iron, (or products created to resemble these materials), or a combination of any of these materials.' Chain link is permitted only under the restrictions in Sec. 8.2.7.A.4. All fencing must be finished on the side facing a public right-of-way or adjacent properties (Sec. 8.2.7.A.2), except within the Downtown Festival District where the alley-facing side may be unfinished.

Apex regulates retaining structures under UDO Sec. 8.1.6 (Retaining Structures) and treats freestanding walls under Sec. 8.2.7 (Fences, Walls, and Berms). Retaining-wall construction is also subject to the North Carolina State Building Code (NC Residential Code R404 for foundation/retaining walls; NC Building Code Chapter 18 for non-residential), enforced by the Apex Building Inspections Division at (919) 249-3418. The UDO's 7-foot freestanding-wall cap (Sec. 8.2.7.B.1) does not apply to grade-retaining walls, but retaining walls 4 feet or taller (measured bottom of footing to top of wall) typically require engineered design and a building permit under the NC State Building Code.

Residential swimming pools, hot tubs, and spas in Apex require Wake County building and electrical permits when they hold more than 24 inches of water, plus inspection by the Apex Building Inspections Division at (919) 249-3418. Pools must be enclosed with a barrier meeting NC Residential Code Appendix V (2018) / Appendix NC-A (2024). Wake County also requires a site plan, the Residential Swimming Pool Installation and Inspection Affidavit, workers' compensation insurance documentation, and (for jobs over $40,000) a notarized owner-contractor affidavit. Septic system properties require setback verification.

Hot tubs and spas in Apex are treated as pools under NC Residential Code Appendix V (2018) / Appendix NC-A (2024) and require Wake County building and electrical permits when they hold more than 24 inches of water. Spas and hot tubs with a safety cover that complies with ASTM F1346 are exempt from the barrier provisions of Appendix V (AV105.5). Decks supporting a hot tub or spa require engineer-stamped plans verifying load capacity (Wake County). Apex UDO Sec. 8.2.7.A.4.b requires any chain link around a residential hot tub or spa to be vinyl coated in black, brown, or dark green.

Residential pool safety in Apex is governed by NC Residential Code Appendix V (2018) / Appendix NC-A (2024). Key safety provisions include the 48-inch barrier requirement, 4-inch sphere rule, self-closing/self-latching gates, dwelling-wall protection (doors with direct access must have alarms or other listed safety devices), and indoor pool barrier compliance. Public pools and pools serving 15 or more dwellings in a club, condominium, or rental setting are additionally regulated by 15A NCAC 18A .2500 (NC Public Swimming Pool Rules), enforced by the Wake County Environmental Services Department.

Residential pool, spa, and hot tub barriers in Apex follow NC Residential Code Appendix V (2018) / Appendix NC-A (2024). The barrier must be at least 48 inches above grade on the exterior side, openings must not allow a 4-inch sphere to pass, the grade-to-bottom clearance is capped at 2 inches (4 inches over concrete or fixed solid material), and pedestrian access gates must open outward away from the pool, be self-closing, and have a self-latching device. Apex UDO Sec. 8.2.7.A.4.b additionally requires that chain link used around residential pools be vinyl coated in black, brown, or dark green.

Apex UDO Sec. 4.5.6 permits one Accessory Apartment per single-family lot. Attached accessory apartments have no size limit. Detached accessory apartments are capped at 40 percent of the principal dwelling's heated square footage (50 percent or 1,000 sq ft, whichever is smaller, inside the Small Town Character Overlay District). Common ownership with the principal dwelling is required in residential zones. North Carolina has no statewide ADU mandate — HB 409 and HB 401 failed in the 2024 General Assembly.

Converting an Apex garage to habitable space requires a building permit and electrical permit from Apex Building Inspections under the 2018 NC Residential Code (change of occupancy from U to R-3). If the conversion creates a kitchen and separate entrance, it becomes an Accessory Apartment under UDO Sec. 4.5.6 — one per lot, detached capped at 40 percent of the principal dwelling's heated square footage, common ownership required in residential zones.

Apex UDO Sec. 5.2.7.E sets a 5 ft minimum side and rear setback for sheds in residential districts. Sheds 12 ft x 12 ft (144 sq ft) or smaller are exempt from the UDO Sec. 4.5.3.B 'matching materials' requirement that otherwise applies to accessory structures. Sheds and other accessory structures must sit behind the principal building unless located at least 60 ft from the front property line (UDO Sec. 5.2.7.B.2). The 2018 NC Residential Code exempts one-story detached residential accessory structures up to 12 ft x 12 ft from a building permit.

Apex UDO Sec. 5.2.7.E lists unattached carports as accessory structures with a 5 ft minimum setback from side or rear property lines. The carport must sit behind the principal building unless located at least 60 ft from the front property line (Sec. 5.2.7.B.2). Construction requires a building permit through Apex Building Inspections under the 2018 NC Residential Code with engineered wind-uplift anchorage. Carports in residential zones must use materials similar to the main dwelling unless 12 ft x 12 ft or smaller.

A tiny home on a permanent foundation in Apex is treated as either a single-family dwelling (must meet the underlying zoning district's lot and setback standards) or an Accessory Apartment under UDO Sec. 4.5.6 (capped at 40 percent of the principal dwelling's heated square footage for detached units). Tiny homes on wheels (THOWs) registered as RVs or park-model trailers are not permitted as residences in residential zoning districts. Manufactured homes are permitted only in MH and MHP districts.

The Town of Apex regulates outdoor recreational fire under Chapter 9 (Fire Prevention) of the Apex Code of Ordinances. Sec. 9-47 expressly permits patio wood-burning units (manufactured outdoor fire pits, chimineas) provided they are located on a noncombustible surface and at least 20 feet from the residence or any raised structure. Outdoor masonry fireplaces constructed in the same manner as indoor residential fireplaces are also permitted. Only clean wood may be burned in the device; yard waste must be placed curbside for pickup, not burned. Any other open burning or outdoor fire is strictly prohibited inside Apex town limits without Apex Fire Department approval or permit. The Apex Fire Department enforces the North Carolina Fire Prevention Code (currently the 2018 NC Fire Code, based on the 2015 IFC; the 2024 NC Fire Code is delayed and the earliest effective date is July 31, 2026 per S.L. 2025-2).

Outdoor open burning in Apex is governed by 15A NCAC 02D .1900 (NC DEQ Air Quality Open Burning Rule) and by Chapter 9 (Fire Prevention) of the Apex Code of Ordinances. The default state rule prohibits all open burning except specifically permitted categories. Most importantly for Apex residents: 15A NCAC 02D .1900 prohibits burning yard waste in any area where regular curbside pickup is available, and burn permits issued by the NC Forest Service are not valid inside Apex town limits - they are only available for sites in unincorporated Wake County. Inside Apex, the only outdoor recreational fires permitted are Sec. 9-47 patio wood-burning units (20 ft from any structure, noncombustible surface, clean wood only) and Sec. 9-48 campfires meeting strict setbacks (25 ft from any structure and 25 ft from any property line, no larger than 4 sq ft, surrounded by bricks at least two tiers high). Permissible state-rule burns include open fires for cooking food, fires for warmth (in safe outdoor heating devices), and accidental fires resulting from emergency situations - subject to the Apex Fire Department's local rules.

Apex does not regulate removal of trees on private single-family lots that are not within a Resource Conservation Area, required landscape area, or buffer yard. Removal of trees on development sites, in RCAs, in required landscape material, or designated for retention requires Town review under Unified Development Ordinance (UDO) Article 8. NCGS 160D-921 preempts local tree-removal ordinances on present-use-value forestland and forester-managed forests, narrowing town authority over routine private-lot removals.

Apex does not require a permit for routine pruning of trees on private residential property. Trees within the public right-of-way, town parks, and town-owned land are maintained by Town Parks, Recreation & Cultural Resources. The Town is a designated Tree City USA community and operates a Tree Citizen Advisory Panel (TreeCAP) that advises the Town Council on tree programs, management, and regulations.

Apex enforces year-round irrigation restrictions on its water system, sourced from Jordan Lake through the jointly owned Cary/Apex Water Treatment Facility (CAWTF) serving Apex, Cary, Morrisville, Wake County RTP, and RDU Airport. Lawn irrigation is allowed three days a week on an alternate-day schedule (odd addresses Tuesday/Thursday/Saturday; even Wednesday/Friday/Sunday). Mondays are no-irrigation days. Hand-held hose watering is allowed every day. Violations carry written notice for the first offense and up to $1,000 per day for subsequent violations.